Synopsis: Sale of cold microbrewery beer. Makes an exception to the
law prohibiting the sale of cold beer by allowing a microbrewer to
determine the temperature range at which a wholesaler, dealer, or
retailer may store and sell the beer manufactured by the microbrewer,
and allowing a holder of a beer dealer's permit to sell and deliver cold
beer manufactured by a microbrewery if necessary to meet the
microbrewer's storage and sale temperature requirements.

Effective: July 1, 2013.

Boots

January 7, 2013, read first time and referred to Committee on Public Policy.

Introduced

First Regular Session 118th General Assembly (2013)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in thisstyletype.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or thisstyletype reconciles conflicts
between statutes enacted by the 2012 Regular Session of the General Assembly.

SENATE BILL No. 231

A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 7.1-3-2-7; (13)IN0231.1.1. -->
SECTION 1. IC 7.1-3-2-7, AS AMENDED BY P.L.71-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. The holder of a brewer's permit or an
out-of-state brewer holding either a primary source of supply permit or
an out-of-state brewer's permit may do the following:
(1) Manufacture beer.
(2) Place beer in containers or bottles.
(3) Transport beer.
(4) Sell and deliver beer to a person holding a beer wholesaler's
permit issued under IC 7.1-3-3.
(5) If the brewer's brewery manufactures not more than thirty
thousand (30,000) barrels of beer in a calendar year for sale or
distribution within Indiana, the permit holder may do the
following:
(A) Sell and deliver beer to a person holding a retailer or a
dealer permit under this title.
(B) Be the proprietor of a restaurant.
(C) Hold a beer retailer's permit, a wine retailer's permit, or a
liquor retailer's permit for a restaurant established under clause
(B).
(D) Transfer beer directly from the brewery to the restaurant
by means of:
(i) bulk containers; or
(ii) a continuous flow system.
(E) Install a window between the brewery and an adjacent
restaurant that allows the public and the permittee to view both
premises.
(F) Install a doorway or other opening between the brewery
and an adjacent restaurant that provides the public and the
permittee with access to both premises.
(G) Sell the brewery's beer by the glass for consumption on the
premises. Brewers permitted to sell beer by the glass under
this clause must furnish the minimum food requirements
prescribed by the commission.
(H) Sell and deliver beer to a consumer at the permit premises
of the brewer or at the residence of the consumer. The delivery
to a consumer may be made only in a quantity at any one (1)
time of not more than one-half (1/2) barrel, but the beer may
be contained in bottles or other permissible containers.
(I) Sell the brewery's beer as authorized by this section for
carryout on Sunday in a quantity at any one (1) time of not
more than five hundred seventy-six (576) ounces. A brewer's
beer may be sold under this clause at any address for which the
brewer holds a brewer's permit issued under this chapter if the
address is located within the same city boundaries in which the
beer was manufactured. (J) Determine the temperature range at which a beer
wholesaler, dealer, or retailer may store and sell beer
manufactured by the brewer.
(6) If the brewer's brewery manufactures more than thirty
thousand (30,000) barrels of beer in a calendar year for sale or
distribution within Indiana, the permit holder may own a portion
of the corporate stock of another brewery that:
(A) is located in the same county as the brewer's brewery;
(B) manufactures less than thirty thousand (30,000) barrels of
beer in a calendar year; and
(C) is the proprietor of a restaurant that operates under
subdivision (5).
(7) Provide complimentary samples of beer that are:
(A) produced by the brewer; and
(B) offered to consumers for consumption on the brewer's
premises.
(8) Own a portion of the corporate stock of a sports corporation
that:
(A) manages a minor league baseball stadium located in the
same county as the brewer's brewery; and
(B) holds a beer retailer's permit, a wine retailer's permit, or a
liquor retailer's permit for a restaurant located in that stadium.
(9) For beer described in IC 7.1-1-2-3(a)(4):
(A) may allow transportation to and consumption of the beer
on the licensed premises; and
(B) may not sell, offer to sell, or allow sale of the beer on the
licensed premises.

SOURCE: IC 7.1-3-5-3; (13)IN0231.1.2. -->
SECTION 2. IC 7.1-3-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) The holder of a
beer dealer's permit shall be entitled to purchase beer for sale under the
permit only from a permittee entitled to sell to a beer dealer under this
title.
(b) A beer dealer shall be entitled to possess beer and sell it at retail
to a customer in permissible containers only.
(c) A beer dealer may not sell beer by the drink nor for consumption
on the licensed premises nor shall a beer dealer allow it to be consumed
on the licensed premises.
(d) Except as provided in subsection (e), a beer dealer shall be
entitled to sell beer to a customer and deliver it in permissible
containers to the customer on the licensed premises, or to the
customer's residence or office. A beer dealer shall not be entitled to sell
and deliver beer on the street or at the curb outside the licensed
premises, nor shall a beer dealer be entitled to sell beer at a place other
than the licensed premises. A beer dealer shall not be entitled to sell
beer and deliver beer for carry-out, or for delivery to a customer's
residence or office, in a quantity that exceeds eight hundred sixty-four
(864) ounces in a single transaction. However, notwithstanding
IC 7.1-5-10-11, a beer dealer who is licensed pursuant to IC 7.1-3-10-4
shall be entitled to sell and deliver warm or cold beer for carry-out, or
for delivery to a customer's residence, office, or a designated location
in barrels or other commercial containers that do not exceed two
thousand sixteen (2,016) ounces per container. This delivery may only
be performed by the permit holder or an employee who holds an
employee permit. The permit holder shall maintain a written record of
each delivery for at least one (1) year that shows the customer's name,

location of delivery, and quantity sold.
(e) Unless a beer dealer is a grocery store or drug store, a beer
dealer may not sell or deliver alcoholic beverages or any other item
through a window in the licensed premises to a patron who is outside
the licensed premises. A beer dealer that is a grocery store or drug store
may sell any item except alcoholic beverages through a window in the
licensed premises to a patron who is outside the licensed premises. (f) Notwithstanding IC 7.1-5-10-11, the holder of a beer dealer's
permit may, if necessary to meet a brewer's preferred temperature
determination under IC 7.1-3-2-7(5)(J), sell and deliver cold beer
manufactured by the brewer to customers for carry-out or for
delivery to a customer's residence or office.